Graham Lifts Clayton's Suspension

Judge's Lawyer Says Help Came From Former Justice

DAYTONA BEACH — Gov. Bob Graham on Tuesday reinstated Volusia County Judge Wiley Clayton, who was suspended after a grand jury indicted him on criminal charges.

Clayton can return to work immediately and is entitled to back pay accrued since his suspension on March 6, said Barbara Linthicum, deputy general counsel to the governor.

Clayton, 41, DeLand, was appointed by the governor in 1981 and elected by a landslide vote to a four-year term the next year.

He was unavailable for comment.

Graham cited in a press release two reasons for reinstating Clayton, who on June 18 announced plans to run for re-election:

-- A May 9 5th District Court of Appeal ruling that Clayton cannot be tried in circuit court on 23 misdemeanor charges of misbehavior in office. That ruling is being appealed by special prosecutor Stephen Kunz, who is asking the Florida Supreme Court to allow him to reinstate the charges. Clayton's answer to the state's appeal is due July 14.

-- A June 16 decision by Kunz, a Duval County assistant state attorney whose office was appointed by Graham to prosecute the case, to drop the two remaining charges, both felony counts of official misconduct. Kunz made the announcement minutes before Clayton's trial was to begin but said he may refile the charges later.

All 25 charges accused Clayton of misusing his authority as a judge in handling cases.

If the Supreme Court reverses the appeal court ruling on the misbehavior in office charges or if Kunz refiles official misconduct charges, Graham would consider re-suspending Clayton, said Linda Shelley, general counsel to the governor.

Last month Graham's legal advisers said the governor probably would not reinstate Clayton as long as appeals were pending or the state was considering refiling charges. They said Tuesday they did not know why Graham reinstated Clayton before the appeals were exhausted.

Graham's press aide, Jill Chamberlain, said the governor could not be reached late Tuesday.

Clayton's attorney, John Tanner, credited former Supreme Court justice Fred Karl with helping persuade Graham that Clayton should be allowed to return to the bench.

Karl, a Tallahassee attorney formerly from the Daytona Beach area, has lobbied the governor and the Senate on Clayton's behalf, Tanner said.

Karl said Clayton should be back in office because the suspension is based on the grand jury indictments issued in March and May. Karl said the indictment is no longer in effect.

''The charges are no longer alive unless the Supreme Court decides to breathe life back into them,'' Karl said. ''There really are no criminal charges pending against Judge Clayton.''

Tanner said he was delighted by the governor's action but said it should have come sooner. He said Clayton would return to office as soon as he received the governor's written order.

Tanner had not been notified of the governor's action late Tuesday. ''This is just like getting a call from a friend telling you your wife just had a baby,'' he said.